18-19 - Bid & Contract for construciton of permanent restrooms in Downtown Farmer's Market with Adam Bolton

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II. Scope of Services CONTRACTOR shall perform the following services: Attachment A: Construction of restroom facilities and food truck court at the Farmer's Market Park. Attachment A is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment A and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Pa anent for Services Total payment for services described herein shall be in accordance with Attachment A in the amount of SEVENTY-SIX THOUSAND, EIGHT HUNDRED SEVENTY DOLLARS AND 96/100 CENTS ($76,870.96). This total payment for services includes CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional expenses, which are extraordinary in nature, shall be approved in advance by CITY in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONTRACTOR. CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting information describing the work completed. If additional services or expenses are requested, CONTRACTOR will not provide such additional services until authorized by CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. Within thirty (30) days of receipt of each such invoice, CITY shall make payment in the amount shown by CONTRACTOR's approved statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONTRACTOR is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default.